Brian Schmidt, the outgoing vice-chancellor of the Australian National University, is worried that schools are focusing on “a whole bunch of other stuff” instead of fundamentals such as literacy and numeracy.

But while Schmidt is right to be concerned about literacy and numeracy, the entire nation should be worried about the damage NSW is doing to something that is just as fundamental: civics education.

If the next generation in the most populous state leaves school with a flawed understanding of the principles of democracy, the impact will be felt throughout the nation.

Schmidt is worried that the failure to focus on literacy and numeracy will leave this country with insufficient physicists to built the planned fleet of nuclear-powered submarines which looks set to be the backbone of defence planning.

But if the next generation has little understanding about the benefits of Australian democracy, why would they bother defending it – with or without the submarines?

NSW has long been an outlier when it comes to teaching young people about concepts that are fundamental to the existence of this country as a free society – parliamentary democracy, the rule of law and the Constitution. The national education curriculum at least puts more focus on teaching the origins of Australian democracy and its Christian and Western heritage.

But in NSW it is possible to leave school without any exposure to civics and citizenship, according to a report published last year by the Rule of Law Education Centre.

The good news is that there is now an opportunity to correct this failure during a review of the history curriculum that is being undertaken by the NSW Education Standards Authority.

But if that review’s draft curriculum is any guide, civics in NSW looks set to continue receiving less attention than some matters that, while fashionable, are hardly fundamental.

After examining the draft syllabus, the Rule of Law Education Centre sent a submission to the review that highlights the problem.

If the draft syllabus is approved, the submission says it will have this effect:

“It is very likely that most students in NSW will have an excellent understanding of the Aboriginal history, culture and experience, and almost no understanding of the basis for the Australian system of government under which they live, and how that contributes to Australia being a free, democratic and egalitarian country.”

That, according to the submission, would render school leavers ill equipped to participate in a responsible manner with Australia’s systems of governance.

The problem is that while the Aboriginal experience of colonisation is part of the compulsory high school history syllabus, that is not the case with parliamentary democracy, the rule of law, federation and the social and economic development of the country during colonial times.

Those matters have been relegated to an option.

That means the draft secondary syllabus does not explicitly cover Australia’s democratic beliefs, the government and law in the bulk of the core content.

And when it is covered, it is through the lens of the experiences of Indigenous Australians only, the submission says.

Indigenous history is important. But this is not the way to ensure the next generation, regardless of race, fully appreciates what we have in this country.

Australia and just a few comparable countries have systems in place that protect the liberty of citizens regardless of race, social status, background, profession, culture, or political belief.

These things did not simply fall from the sky. They are the result of 122 years of constitutional and legal development since federation.

And all that we have achieved has been built upon a legal and constitutional inheritance that can be traced all the way back to Magna Carta – which is not even mentioned in the draft history syllabus.

The Constitution, the bedrock of our system of governance, is referred to just once in the draft history syllabus for primary schools, and three times in the draft history syllabus for years seven to 10.

There is no mention in either draft syllabus of the rule of law. The separation of powers between the branches of government is mentioned once in the draft primary syllabus and not at all in the draft syllabus for years seven to 10.

In many ways, these documents would continue the approach that has left many young people with only vague ideas about concepts that are critically important to free societies.

The failure of civics education was recognised in May last year by leading constitutional lawyer Anne Twomey who was part of the government’s group of experts who provided advice on the proposed Indigenous Voice to Parliament and the executive.

Twomey wrote in The Conversation: “Decades of neglect of civics has left us with a population that is insufficiently equipped to fulfil its constitutional role of updating the Constitution.”

Recent research by the Rule of Law Education Centre has confirmed the existence of serious gaps in what high school students know about key principles of democratic governance such as equality, fairness and citizenship rights.

In Australia, unlike many other countries, voting is compulsory. For that reason alone, the education authorities in NSW need to change their ways.

They need to keep in mind that in this country democracy and the rule of law are not optional. They should not be treated as such.

Chris Merritt is vice-president of the Rule of Law Institute of Australia and the Rule of Law Education Centre